EMTALA After <i>Dobbs</i>: Emergency Reproductive Health Care in the Balance
Authors: Eli Y. Adashi, I. Glenn Cohen
Journal: Annals of Internal Medicine (2023)

Ideas and OpinionsFebruary 2023EMTALA After Dobbs: Emergency Reproductive Health Care in the BalanceEli Y. Adashi, MD, MS and I. Glenn Cohen, JDEli Y. Adashi, MD, MSDepartment of Medical Science, Brown University, Providence, Rhode Island (E.Y.A.) and I. Glenn Cohen, JDHarvard Law School, and Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, Harvard University, Cambridge, Massachusetts (I.G.C.)Author, Article, and Disclosure Informationhttps://doi.org/10.7326/M22-3222 SectionsAboutFull TextPDF ToolsAdd to favoritesDownload CitationsTrack CitationsPermissions ShareFacebookTwitterLinkedInRedditEmail In Dobbs v Jackson Women's Health Organization, the U.S. Supreme Court decided that "the Constitution does not confer a right to abortion" and that the "authority to regulate abortion" is to be "returned to the people and their elected representatives" (1). In so doing, the Supreme Court raised a series of questions for reproductive care, including what to do when abortion may be necessary to preserve the health or life of the pregnant person. Are states that amend laws to restrict abortion without robust exceptions violating the federal Emergency Medical Treatment and Active Labor Act (EMTALA) (2)? Does EMTALA "preempt" ...References1. Dobbs, State Health Officer of the Mississippi Department of Health, et al. v. Jackson Women's Health Organization et al. No. 19–1392. (SCt 24 June 2022). Accessed at www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf on 13 December 2022. Google Scholar2. Consolidated Omnibus Budget Reconciliation Act of 1985. Public law No: 99-272. Title IX-Medicare, Medicaid, and Maternal and Child Health Programs. Sec. 9121. Responsibilities of Medicare hospitals in emergency cases. 7 April 1986. Accessed at www.congress.gov/bill/99th-congress/house-bill/3128 on 13 December 2022. Google Scholar3. The White House. FACT SHEET: President Biden to Sign Executive Order Protecting Access to Reproductive Health Care Services. 8 July 2022. Accessed at www.whitehouse.gov/briefing-room/statements-releases/2022/07/08/fact-sheet-president-biden-to-sign-executive-order-protecting-access-to-reproductive-health-care-services/ on 13 December 2022. Google Scholar4. Centers for Medicare & Medicaid Services. Center for Clinical Standards and Quality. Reinforcement of EMTALA Obligations Specific to Patients Who are Pregnant or Are Experiencing Pregnancy Loss. 11 July 2022. Accessed at www.cms.gov/files/document/qso-22-22-hospitals.pdf on 13 December 2022. Google Scholar5. The Secretary of Health and Human Services. HHS Secretary letter to health care providers about emergency medical care. 11 July 2022. Accessed at www.hhs.gov/sites/default/files/emergency-medical-care-letter-to-health-care-providers.pdf on 13 December 2022. Google Scholar6. United States v. Idaho, Case No. 1:22-cv-00329-BLW, Memorandum Decision and Order (D. Idaho 24 Aug 2022). Accessed at www.courthousenews.com/wp-content/uploads/2022/08/usa-vs-idaho-abortion-law-memorandum-decision-and-order.pdf on 13 December 2022. Google Scholar7. State of Texas v. Becerra et al, No. 5:2022cv00185, Memorandum Decision and Order (W.D. Tex 23 Aug 2022). Accessed at https://law.justia.com/cases/federal/district-courts/texas/txndce/5:2022cv00185/365015/73/ on 13 December 2022. Google Scholar Author, Article, and Disclosure InformationAffiliations: Department of Medical Science, Brown University, Providence, Rhode Island (E.Y.A.)Harvard Law School, and Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, Harvard University, Cambridge, Massachusetts (I.G.C.)Disclosures: Authors have reported no disclosures of interest. Forms can be viewed at www.acponline.org/authors/icmje/ConflictOfInterestForms.do?msNum=M22-3222.Corresponding Author: Eli Y. Adashi, MD, MS, Department of Medicine and Biological Sciences, Brown University, 222 Richmond Street, Providence, RI 02903; e-mail, [email protected]edu.Author Contributions: Conception and design: E.Y. Adashi, I.G. Cohen.Analysis and interpretation of the data: E.Y. Adashi.Drafting of the article: E.Y. Adashi, I.G. Cohen.Critical revision for important intellectual content: E.Y. Adashi.Final approval of the article: E.Y. Adashi, I.G. Cohen.Administrative, technical, or logistic support: E.Y. Adashi, I.G. Cohen.Collection and assembly of data: E.Y. Adashi.This article was published at Annals.org on 10 January 2023. PreviousarticleNextarticle Advertisement FiguresReferencesRelatedDetails Metrics Current IssueFebruary 2023Volume 176, Issue 2Page: 268-269KeywordsEmergency medicineMedical lawObstetrics and gynecologyPregnancyReproductive system ePublished: 10 January 2023 Issue Published: February 2023 Copyright & PermissionsCopyright © 2023 by American College of Physicians. All Rights Reserved.PDF downloadLoading ...